ILLINOIS

POLLUTION CONTROL BOARD

January

22,

1981

VILLAGE

Petitioner,

)

PCB 80—229

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent,

ORDER OF THE BOARD

(by J.

Anderson):

On December 18,

1980 the

Village

of Arlington Heights

(Village) petitioned for extension of

its

previous variance

(PCB

79—132) from the 15 pCi/i gross alpha particle activity limitation

of Rule 304(C)(1)(b)

of Chapter

6:

Public Water Supplies.

The Village has not provided gross

alpha

particle activity

test results more recently than

May,

1980.

In light

of the

Agency’s admission in City of Minonk, PCB 80-136, October

2,

1980

p.

1—2,

that the radiological testing methodology had an “accuracy

problem,” the Board must assume,

unless informed otherwise,

that

the test results included

with the petition cannot be relied

upon.

In addition, while the

petition does

contain an affidavit,

it does not specifically request

or waive

a hearing

as required

by Procedural Rule 401(b).

If an amended petition containing

this,

and the above,

information is not submitted to the Board

within 45 days of the

date of this Order, this petition will

be

subject to dismissal.

For this reason,

the Board therefore need not rule on the

Agency’s Petition for

Extension of Deadlines,

filed January

16,

1981,

although it appreciates

being informed of the public notice

delay.

However, the Board

notes that while

it may authorize

a

late filing by the Agency,

it has no authority to extend the

statu-

tory 90—day period in which

it must render its decision.

Only the

petitioner possesses this

authority

(which it exercised by its

waiver filed January 20,

1981),

IT

IS SO ORDERED.

I,

Christan L. Moffett,

Clerk of

the Illinois Pollution

Control Boar~1,hereby certify

that the above Order was

adopted

on the

~

~‘

day ~

1981

by a vote of

(~~J

~j,1

~

Christan L. Moff~~ Clerk

Illinois

Pollutidn~~ControlBoard